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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 533   View pdf image
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                                                   August Court 1720.                                          533
   the afd. pltf the Sume of five thousand two hundred and Sixty four pounds of good Sound
                                                                                                          of the afd value
   merchantable tobacco Clear of all trash and ground Leaves of the afd. value^ of fifty two
   pounds Sterling money for the true payment of two thousand Six hundred and thirty
   two pounds of good Sound merchantable Tobacco Clear of all trash and ground Leaves
   with Casque to Contain the Same to the afd. Pltf Convenient in the afd. County at or before
   the tenth day of November next Ensueing the date of the said Bill Obligatory
   and the afd pltf indeed Saith that the afd Deft the afd. Sum of two thousand Six hundred
   and thirty two pounds of Merchantable Tobacco at or upon the afd. tenth day of November
   to the afd. pltf. hath not paid which to him at or upon the same day he ought to have done
   according to the form and Effect of the Said Bill by which accõn hath accrued to the said
   pltf to Exact and have of the afd. Deft. the afd Summ of five thousand two hundred and
   [sixt]y four pounds of Tobacco qualifyed as above Yet the afd. Deft Altho often
   required the afd. Sume of five thousand two hundred and sixty four pounds of Mer=
   chantable Tobacco to the afd. hath not paid But that to him to render or pay he
   the said Deft. hitherto hath denyed and Still doth deney and Unjustly detaine
   to the Damage of the afd. Deft. five pounds of like money afd. and thereupon he
   brings Suit. &c.
                                    TBowne pr Querr       plds Jno Doe }
                                                                              Rd Roe }
      Whereupon at the prayer of the Pltf the Deft is adjudged to give Spe:
   cial Baile to the accõn afd. and that the Sheriff of Said County keep the said Deft.
   in safe Custody untill he Shall give Bail as afd. Thereupon Mr Simon
   Wilmer and John Clark both of Kent County present here in Court Undertake
   Joyntly and Severally for the said Daniel Whaley that in Case the said Gilbert
   Falconer shall recover Judgment in the plea afd. against the said Daniell Whaley
   or that he the Said Daniel Whaley shall be therein Convict, that then he the said
   Daniel Whaley Shall pay the Condemnation of the Court thereupon or render
   his body to the Custody of the Sheriff of Kent County in satisfaction thereof or that
   they the afd Mr Simon Wilmer and John Clark or one of them will do it for him
        And the afd. Deft. in his proper person Comes and defends the force and Injury
   when &c. And Says that he Cannot Gainsay the pltf afd. his action so as agst:
   him brought, nor Can he say but that the said pltf. ought to recover his Debt by occa=
   sion of the premisses afd. to the Summ of five thousand two hundred and Sixty
   four pounds of Tobacco with Cost of Suit against him which the said pltf doth
   Not Gainsay.       Therefore it is Considered by the Court here the 17th day
   of August anno Domi 1720. That the said Gilber Falconer Recover against the
   Said Daniel Whaly as well the sum of five thousand two hundred and sixty four
   pounds of Tobacco his debt afd. in form afd. Confessed as also the Summ of Three
   hundred & Sixty one —   pounds of Tobacco by the Court here adjudged to



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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 533   View pdf image
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